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BARKER v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 2:14-cv-2403 CKD P. (2015)

Court: District Court, E.D. California Number: infdco20150812835 Visitors: 6
Filed: Aug. 11, 2015
Latest Update: Aug. 11, 2015
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. 1983. Plaintiff filed his amended complaint on December 2, 2014 and paid the filing fee. As set forth in an earlier order, plaintiff's complaint states a cognizable claim for relief pursuant to 42 U.S.C. 1983 and 28 U.S.C. 1915A(b) against defendants CDCR, Duffy, Allen, Perehoduk, and Anger. The Clerk of the Court will be directed to
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ORDER

Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his amended complaint on December 2, 2014 and paid the filing fee.

As set forth in an earlier order, plaintiff's complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) against defendants CDCR, Duffy, Allen, Perehoduk, and Anger. The Clerk of the Court will be directed to issue the appropriate number of summonses to plaintiff for purposes of service of process. See Federal Rule of Civil Procedure 4.

Plaintiff shall complete service of process in accordance with Federal Rule of Civil Procedure 4 within sixty days from the date of this order. Plaintiff shall serve a copy of this order on each defendant together with a summons and a copy of complaint.

In accordance with the above, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to issue and send plaintiff five summonses, for defendants CDCR, Duffy, Allen, Perehoduk, and Anger. The Clerk shall also send plaintiff six copies of the form "Consent to Proceed Before United States Magistrate Judge" with this order.

2. Plaintiff shall complete service of process on the defendants within sixty days from the date of this order. Plaintiff shall serve a copy of this order and a copy of the form "Consent to Proceed Before United States Magistrate Judge" on each defendant at the time the summons and complaint are served.

3. Defendants shall reply to the complaint within the time provided in Fed. R. Civ. P. 12(a).

Source:  Leagle

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